clayj said:
So... Apple aren't used to dealing with spyware, adware, trojans, and viruses because of Mac OS X, so they're also not used to locking down QC PCs to make sure they don't get infected, either? This could have easily been prevented by making sure that the QC PCs were offline (which would be my choice: why does a QC PC need to be connected to the Internet or any sort of network?) or by making sure they had up-to-date antimalware software installed (Norton Security, Windows Live OneCare, etc.).
It may be a web-based inventory management system, or it might be a purely internal network, but PCs are almost always connected to some form of network in high yield production environments. Current security software may well have been installed--it could be that the AV client crashed, or an update failed to apply, or simply that the AV software didn't catch it. You can't control everything, and speculating on policies without knowing anything never goes anywhere useful. There's no indication that there are lax policies at Apple's contractors--and if there are, it is the fault and responsibility of that contractor, not Apple.
Yes, the customer would respond to Apple, being the privy link in the chain. But Apple simply has to issue a statement notifying the public of the problem and take action to correct the problem at the contractor (or stop using them). They're not required to do anything else--they're not even required to apologize, really.
Any lawyer could reasonably argue that no one who buys an iPod expects to have it come preloaded with a virus, worm, or trojan.
Not really, no. Snowy_River covered this pretty well.
The smart thing for Apple to do would have been to say "mea culpa, mea maxima culpa", recall the affected iPods, compensate the affected customers, and promise it will never happen again... and no bringing up Microsoft or any Chinese subcontractor.
That would have been an absolutely ridiculous measure to take. There's no need to recall the iPods as the fix is a simple end-user procedure. There's no cause for compensation, because there's no proof that the incident was caused deliberately or through negligence. There's certainly no sense in promising that it will never happen again--no one can make that promise. And there's a measure of truth to the fact that Windows should be more robust. Had any other modern OS been used, the likelihood of this situation happening would have been substantially curtailed.
The Microsoft comment may have been poorly executed, but it's certainly a platform to get a message across--even with safeguards in place, it's possible to have a system compromised. A fair portion of this security gap isn't the fact that exploits, viruses, and malware exist; it's that Windows absolutely sucks at giving the user real control over what does and doesn't execute. Windows is pervasive, and there are basic security procedures that they've left sitting out in the open. Like they say, "it's not a break-in if you didn't lock the door."
vga4life said:
The iPod Software License Agreement covers the iPod and iPod software. A separate piece of malicious software that's been included (in gross negligence of due care) with said software is clearly not covered by the license agreement.
The license agreement covers the iPod, thereby covering a problem with the iPod in its default state. The only way this software would not be covered by their indemnity clause would be if it shipped on a separate CD. Still, the real issue isn't contractual indemnity, but whether or not Apple was negligent.
There's nothing to suggest that there was a lax security policy or that willful negligence resulted in this error. But beyond that, a negligence suit could not be brought against Apple, so long as their subcontractor is responsible for their own facility. Nothing Apple did encouraged or facilitated this error, unless the manufacturer has a history of security lapses.
Apple certainly is
responsible for this problem, but they've taken responsibility and exercised due diligence in notifying the customers of the problem and providing them with an immediate solution.